The North Carolina Court of Appeals released a batch of opinions today: Bennett v. Hospice & Palliative Care Ctr. Of Alamance-Caswell (15-667). Medical malpractice; N.C. R. Civ. P. 9(j); loss of sepulcher, breach of contract are not “medical malpractice” claims Blackburn v. NC Dep’t Of Pub. Safety (15-556). Career state employee; Just cause for termination; Sufficiency of …
N.C. Court of Appeals Opinions for March 15, 2016 Read More »
The opinion has not yet posted, but I will write more on it soon. For now, this is from WRAL: The 4th U.S. Circuit Court of Appeals ruled Thursday that “Choose Life” license plates state lawmakers approved in 2011 are constitutional, reversing a decision the same court made two years ago. After the court found in …
Fourth Circuit OKs “Choose Life” license plates [UPDATED] Read More »
Stop Reckless Economic Instability Caused by Democrats v. FEC. Four PACs appealed a district court’s grant of summary judgment against them in their suit against the FEC. The PACs challenged the constitutionality of contribution limits under the Federal Election Campaign Act of 1971 (FECA). 52 U.S.C. §§ 30101–30146. The Fourth Circuit concluded that two of their three claims …
The North Carolina Court of Appeals released a batch of opinions today: B S K Enters., Inc., v Beroth Oil Co. (15-189). Groundwater contamination, trespass, nuisance, cost of remediation, diminution in value, OPHSCA Baldwin v. RHA Health Servs., Inc. (15-952). Long term care facilities, health care provider, NCGS 90-21.11(1), medical malpractice, Rule 9(j) certification, Rule 12 (b)(6) …
N.C. Court of Appeals Opinions for March 1, 2016 Read More »
The North Carolina Court of Appeals released a batch of opinions today: Adams v. The City of Raleigh (15-782). Probable cause. [Juice Bar Teen-Lounge noise case] Cherry v. Wiesner, (15-155). standing, historic district, land use, Board of Adjustment, aggrieved party, special damages. [Modern house in Oakwood case] Davignon v. Davignon (15-743). Award of court cost. Attorney’s fees. …
North Carolina Court of Appeals Opinions for February 16, 2016 Read More »
US v. Cook. – Unpublished. Cook pleaded guilty to travel with intent to engage in illicit sexual conduct. Following his imprisonment, he was subject to ten years of supervised release. The terms of that release included: 7. The defendant shall not possess or use a computer to access any online computer services at any location, …
It’s My Party, Inc. v. Live Nation. It’s My Party (IMP) claimed that Live Nation violated the Sherman Antitrust Act by engaging in monopolization, tying arrangements, and exclusive dealing in the music concert industry. The district court granted summary judgment for Live Nation, and the Fourth Circuit affirmed. Live Nation is an enormous concert promoter. …
Live Nation is not a concert promoting monopoly – Fourth Circuit Read More »
Central Radio Company, Inc. v. Norfolk. Central radio sued Norfolk, Virginia, over its sign ordinance, alleging that it violated the First and Fourteenth amendments. For background, the city’s Redevelopment and Housing Authority started condemnation proceedings against Central Radio in 2010. In 2012, while an appeal in that proceeding was pending, the company put a banner …
Norfolk VA former sign ordinance unconstitutional under First Amendment – Fourth Circuit Read More »
The North Carolina Court of Appeals released a batch of opinions today: NC Dep’t Of Pub. Safety v Owens (15-367). Waiver of Personal Jurisdiction Defense; State employment; Termination; Loss of Credentials; Arbitrary and Capricious. Am. Mech., Inc. v Bostic (15-385). Appellate Jurisdiction; Rule 3: Business Court. “we take this opportunity to further explain our holding in Ehrenhaus …
N.C. Court of Appeals decisions for February 2, 2016 Read More »
Aikens v. Ingram. Aikens, a N.C. National Guard member, sued under 42 USC 1983, claiming that two officers had violated his Fourth Amendment rights by monitoring his emails. At the time, Aikens was deployed, using a Department of Defense computer. The defendants allegedly monitored his emails in order to find incriminating correspondence that they could …
Email monitoring of deployed troops not subject to Fourth Amendment – Fourth Circuit Read More »